False Advertising and Trademark
A trademark is one of the most valuable assets that a company has to distinguish itself from thousands of other competitors in the market. Whether it is a symbol‚ design‚ or expression‚ consumers learn to know and trust a company by its trademarks. When a competitor puts your goodwill or brand in jeopardy by making false statements or by using deceptive advertising‚ taking legal action with guidance from an attorney can provide the quick resolution you need.
At Mandour & Associates‚ APC‚ our trademark litigation attorneys understand how important it is for your business to protect your trademark against unauthorized use. We have extensive experience handling intellectual property cases and will work tirelessly to stop the infringement that threatens to tarnish your good name. Contact us to learn more about your legal rights and options.
What is the Lanham Act?
Also known as the Trademark Act‚ the Lanham Act of 1946 is a federal statute that grants trademark owners exclusive rights to protection against infringement‚ such as false advertising. If a competitor makes false or misleading claims about your products or services‚ for example‚ you may be well within your rights to pursue litigation against the infringing party.
In order to have a successful case under the Lanham Act‚ it will be necessary to prove that you have ownership interest in the trademark and that the infringing party’s use of the trademark is likely to cause or has caused consumer confusion. Determining the likelihood of confusion will depend on the extent of the similarity between the trademarks and products or services‚ the infringing party’s intent when using the trademark‚ and evidence of consumer confusion about the source of the products and other similar factors.
Potential Remedies for Infringement by False Advertisement
Taking legal action against trademark infringement can provide the following solutions for your company or brand:
- Injunctive Relief – The infringing party is not only ordered to stop actions that constitute trademark infringement‚ but may also be required to issue corrective advertisements.
- Disgorgement of Profits – The infringing party is forced to give up any profits obtained through false advertisement.
- Fund Corrective Advertising – The infringer provides funds for corrective advertising.
- Awards of Damages – The trademark owner may receive financial compensation for loss of reputation‚ injury to business goodwill‚ and lost profits.
- Exemplary Damages – Damages may be increased three times (trebled) in exceptional cases.
- Attorney’s Fees – In exceptional cases the infringing party may be liable for the trademark owner’s attorney fees.
For additional information on the potential remedies available to you regarding infringement and false advertising matters‚ please contact an aggressive trademark litigator.
California Trademark Litigation Law Firm
As a business or trademark owner‚ it is in your best interest to speak with an attorney that is well versed in trademark infringement litigation. It is crucial to act quickly to mitigate any damages that may result from false advertisements that tarnish your hard-earned trademark reputation. The dedicated legal team at Mandour & Associates‚ APC has a strong track record of successfully defending our clients in a wide variety of trademark infringement cases. We will build a strong case on your behalf and aggressively pursue the results you need and deserve to protect your business. Please contact us for a free initial consultation.